Civil Procedure Code, 1908, Order 7, Rule 3 -- Misdescription of property - It is a fundamental defect rendering suit not maintainable - Court cannot enter into merits of case after holding of misdescription of property - First Appellate Court rightly held that observations of trial Court regarding title and possession of either of the parties would not operate as res..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-compliance of mandatory notice u/s 80 CPC, S.280 of Maharashtra Zilla Parishads Act and S.180 of Maharashtra Villages Panchayat Act before filing of suit - Provisions of S.280 of Zilla Parishad and S.180 of Village Panchayat are not analogues to S.80 CPC and under both the Acts there is no provision..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Abatement of suit - Non-substitution of LRs of deceased defendant - Where there is no need of moving a substitution application of bringing on record heirs and LRs of a defendant who had not filed his written statement or contested the suit, suit cannot abate for non-bringing of LRs of defendant...........
Mutation -- Law as to - (a) Mutation proceedings are summary in nature wherein title of parties over land involved is not decided; (b) Mutation order or revenue entries are only for fiscal purposes to enable State to collect revenue from person recorded; (c) They neither extinguish nor create title; (d) mutation in revenue records does not have any presumptive value on..........
Specific Relief Act, 1963, Section 31 -- Cancellation of sale deed - Sale of minor's property by father - Sale was for necessity - It was to discharge existing loans of family - One of witnesses to document was mother of plaintiffs - Antecedent debts existed which had been proved by recitals in sale deed - Since plaintiffs were under care and protection of their parents,..........
Limitation Act, 1963, Section 18 -- Acknowledgment - Not of full amount claimed - Extending period of limitation for the entire suit claim does not arise...........
Civil Procedure Code, 1908, Order 39, Rule 3 -- Ex parte interim injunction - Trial Court while granting ex parte interim injunction has not considered the suit in its entirety - It has not even recorded existence of a prima-facie case, balance of convenience or irreparable hardship, three sine qua non for grant of mandatory injunction - No reasoning as has been mandated..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for declaration and injunction - Entire allegation has been made only against defendants - There is no basis or ground made out for impleadment of defendant Nos.3 and 4 from a careful reading of plaint - Merely because defendant nos. 1 & 2 have purchased property from defendant Nos.3 and 4, it..........
Agreement to sell -- Suit for specific performance - Ex parte decree - Suit decided without framing issues - Suit for specific performance cannot be decided without framing issues even when written statement is not filed...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Suit for specific performance - Ex parte decree - Setting aside ex parte decree - Suit decreed ex parte without framing issues and application U.O.9.R.13 CPC filed within time rejected - Suit for specific performance cannot be decided without framing issues even when written statement is not filed - Ex parte decree set aside..........
